Immigration and Nationality Laws and Regulations, as of March 1, 1944

EXEMPTIONS TO WOMAN WHO LOST CITIZENSHIP BY MARRIAGE PRIOR TO THIS ACT-CERTIFICATE OF ARRIVAL

SEC. 4.24 (a) A woman who has lost her United States citizenship by reason of her marriage to an alien eligible to citizenship or by reason of the loss of United States citizenship by her husband may, if eligible to citizenship and if she has not acquired any other nationality by affirmative act, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the county where the petition is filed shall be required;

(2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States;

(3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner;

(4) If there is attached to the petition, at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing.

(b) After her naturalization such woman shall have the same citizenship status as if her marriage, or the loss of citizenship by her husband, as the case may be, had taken place after this section, as amended, takes effect. (46 Stat. 854; 8 U. S. C. 369.)

The amendment made by this section to section 4 of such Act of September 22, 1922, shall not terminate citizenship acquired under such section 4 before such amendment. (46 Stat. 854.)

SEC. 5.27 [Repealed by sec. 4, Act of March 3, 1931 (46 Stat. 1511– 1512).]

REPEALS AND THEIR EFFECT

"SEC. 6. That section 1994 of the Revised Statutes and section 4 of the Expatriation Act of 1907 are repealed. Such repeal shall not terminate citizenship acquired or retained under either of such sections nor restore citizenship lost under section 4 of the Expatriation Act of 1907." 28 (42 Stat. 1022; 8 U. S. C. 10.)

SEC. 7. That section 3 of the Expatriation Act of 1907 is repealed. Such repeal shall not restore citizenship lost under such section nor terminate citizenship resumed under such section. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this Act, have for all purposes the same citizen

24 Sec. 4, Act of March 3, 1931 repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See sec. 317 of that Act, p. 367, for provisions on this subject.

25 Sec. 2 (a), Act of July 3, 1930, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. Sec. 4, Act of September 22, 1922 (42 Stat. 1022), originally read as follows:

"SEC. 4. That a woman who, before the passage of this Act, has lost her United States citizenship by reason of her marriage to an alien eligible for citizenship, may be naturalized as provided by section 2 of this Act: Provided, That no certificate of arrival shall be required to be filed with her petition if during the continuance of the marital status she shall have resided within the United States. After her naturalization she shall have the same citizenship status as if her marriage had taken place after the passage of this Act."

28 Sec. 2 (b) Act of July 3, 1930, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941.

27 Prior to its repeal, this section read as follows: "SEC. 5. That no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the martial status."

See footnote 28 on p. 527.

ship status as immediately preceding her marriage." (42 Stat. 1022; 8 U. S. C. 9.)

SEC. 8.30 [Repealed by sec. 5, Act of May 24, 1934 (48 Stat. 798), executed 12 noon (E. S. T.) May 24, 1934.]

GRANTING OF CITIZENSHIP TO NONCITIZEN INDIANS

[Act approved June 2, 1924]

That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property. (43 Stat. 253; 8 U. S. C. 3.)

DISPOSITION OF LANDS OF EASTERN BANK OF CHEROKEE INDIANS; CITIZENSHIP OF ALLOTTEES

[Act approved June 4, 1924]

SEO. 19. That lands allotted under this Act shall not be alienable, either by voluntary or enforced sale by the allottee or his heirs or otherwise, for a period of twenty-five years from and after the date when the deed conveying such land to the allottee is recorded as directed herein: Provided, That upon the completion of the allotments and the recording of the deeds as herein directed each allottee shall become a citizen of the United States and a citizen of the particular State wherein he (or she) may reside, with all the rights, privileges, and immunities of such citizens: * (43 Stat. 380.)

DECLARATION OF INTENTION ON OR BEFORE ELECTION DAY

[Act approved May 25, 1926]

SEC. 1. That so much of the seventh subdivision of section 4 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June 29, 1906, as amended, as reads as follows: "Provided, That it shall not be lawful to make a declaration of intention before the clerk of any

28 For text of sec. 1994 of the United States Revised Statutes see p. 451. For text of sec. 4, Act of March 2, 1907, see footnote 68 of that Act, p. 500.

29 For text of sec. 3, Act of March 2, 1907, see footnote 67 of that Act, p. 500. 20 Prior to its repeal, this section read as follows:

"SEC. 8. That any woman eligible by race to citizenship who has married a citizen of the United States before the passage of this amendment, whose husband shall have been a native-born citizen and a member of the military or naval forces of the United States during the World War, and separated therefrom under honorable conditions; if otherwise admissible, shall not be excluded from admission into the United States under section 3 of the Immigration Act of 1917, unless she be excluded under the provisions of that section relating to

"(a) Persons afflicted with a loathsome or dangerous contagious disease, except tuberculosis in any form;

"(b) Polygamy;

"(c) Prostitutes, procurers, or other like immoral persons;

"(d) Persons convicted of crime: Provided, That no such wife shall be excluded because of offenses committed during legal infancy, while a minor under the age of twenty-one years, and for which the sentences imposed were less than three months, and which were committed more than five years previous to the date of the passage of this amendment;

(e) Persons previously deported;

f) Contract laborers.

"That after admission to the United States she shall be subject to all other provisions of this Act."

court on election day or during the period of thirty days preceding the day of holding of any election within the jurisdiction of the court," is repealed.

SEC. 2. No declaration of intention heretofore filed in disregard of so much of such Act of 1906 as is above repealed shall be held invalid for such cause. (44 Stat. 652; 8 U. S. C. 374.)

NATURALIZATION OF ALIEN VETERANS

[Act approved May 26, 1926] "

SEC. 1. That (a) as used in this Act, the term "alien veteran" means an individual, a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918, who is now an alien not ineligible to citizenship; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage. (44 Stat. 654; 8 U. S. C. 241.)

APPOINTMENT OF DESIGNATED EXAMINERS

[Act approved June 8, 1926] "

That section 4 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June 29, 1906, as amended, is amended by adding at the end thereof a new subdivision, to read as follows:

"Fourteenth, (a) The Judge of any United States district court, or the senior judge of such court if there are more judges than one, is hereby authorized, in his discretion, to designate one or more examiners or officers of the Immigration and Naturalization Service 33 serving as such examiner or officer within the territorial jurisdiction of such court, to conduct preliminary hearings upon petitions for naturalization to such court, and to make findings and recommendations thereon. For such purposes any such designated examiner or officer is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpoena witnesses, and to administer oaths, including the oath of the petitioner to his petition and the oath of his witnesses.

"(b) The findings of any such designated examiner or officer upon any such preliminary hearing shall be submitted to the court

Sec. 7 of this Act expired by reason of its two-year limitation. It provided as follows (44 Stat. 655):

"SEC. 7. An alien veteran shall, if residing in the United States, be entitled, at any time within two years after the enactment of this Act, to naturalization upon the same terms, conditions, and exemptions which would have been accorded to such alien if he had petitioned before the armistice of the World War, except that such alien shall be required to appear and file his petition in person and to take the prescribed oath of allegiance in open court." See extensions of this Act, footnote 78, p. 541, Act of March 4, 1929; footnote 94, p. 544, Act of May 25, 1932; footnote 14, p. 555, Act of June 24, 1935; footnote 15, p. 556, Act of June 24, 1935 (racially ineligible aliens); footnote 31, p. 564, Act of June 21, 1939.

3 Repealed effective January 13, 1941, by sec, 504. Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). See secs. 333 and 334 of that Act, pp. 382, 383, for provisions on this subject.

See footnote 61, p. 474.

at the final hearing upon the petition required by section 9, with a recommendation that the petition be granted or denied or continued, with the reasons therefor. Such findings and recommendations shall be accompanied by duplicate lists containing the names of the petitioners, classified according to the character of the recommendations, and signed by the designated examiner or officer. The judge to whom such findings and recommendations are submitted shall by written order approve such recommendations with such exceptions as he may deem proper, by subscribing his name to each such list when corrected to conform to his conclusions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner of Immigration and Naturalization."

"(c) The provisions of section 9 requiring the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case where a designated examiner or officer has conducted the preliminary hearing authorized by this subdivision; except that the court may, in its discretion, and shall, upon demand of the petitioner, require the examination of the petitioner and the witnesses under oath before the court and in the presence of the court." (44 Stat. 709-710; 8 U.S. C. 399a.)

CITIZENSHIP AND NATURALIZATION OF CERTAIN INHABITANTS OF THE VIRGIN ISLANDS-RESIDENCE IN THE VIRGIN ISLANDS

[Act approved February 25, 1927, as amended by sec. 5, Act approved June 28, 1932]

SEO. 1. That the following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the United States:

(a) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands or in the United States or Puerto Rico, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration, have heretofore renounced or may hereafter renounce it by a declaration before a court of record;

(b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and are now residing in those islands or in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country;

(c) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and are now residing in the Virgin Islands of the United States, and who are not citizens or subjects of any foreign country (44 Stat. 1234); and

(d) All natives of the Virgin Islands of the United States who are, on the date of enactment of this subdivision, residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or Territory of the United States, who are not citizens or subjects of

See footnote 69, p. 476.

any foreign country, regardless of their place of residence on January 17, 1917.35 (47 Stat. 336; 8 U. S. C. 5b.)

SEC. 2.36 [Expired by limitation.]

SEC. 3. All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States. (44 Stat. 1235; 8 U. S. C. 5c.)

SEC. 4.37 The district court of the Virgin Islands of the United States shall have jurisdiction for naturalization purposes (including jurisdiction for the purpose of setting aside and canceling certificates of citizenship under section 15 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June 29, 1906, as amended); and for the purpose of the naturalization laws residence in the Virgin Islands of the United States shall be considered as residence in the United States. (44 Stat. 1235; 8 U. S. C. 358a.)

SEC. 5. [This section has no relation to naturalization.]

CERTAIN PORTO RICAN CITIZENS DEEMED CITIZENS OF THE UNITED STATES [Act approved March 4, 1927]

SEC. 2. That a new section is hereby inserted between sections 5 and 6 of the Act entitled "An Act to provide a civil government for Porto Rico, and for other purposes," approved March 2, 1917, as amended, as follows:

"SEC. 5a. That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Porto Rico: Provided, That persons born in Porto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Porto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Porto Ricans born of foreign parents." (44 Stat. 1418-1419; 8 U. S. C. 5a; 48 U. S. C. 733a.)

This subdivision was not originally a part of sec. I, Act of February 25, 1927, but was added thereto by sec. 5, Act of June 28, 1932.

This section provided as follows (44 Stat. 1234):

"SEC. 2. The following persons, if not ineligible to citizenship, may, upon petition filed within one year after the effective date of this Act, and upon full and complete compliance with all other provisions of the naturalization laws, be naturalized without making a declaration of intention:

(a) All natives of the Virgin Islands of the United States who, on January 17, 1917. resided in those islands or in the United States, and who are now residing in those islands or in the United States or Puerto Rico, and who are citizens or subjects of any foreign country;

(b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and are now residing in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country; and

"(c) Except as otherwise provided in this section or in section 1. all persons who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands, and who are not citizens of the United States."

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 901), effective January 13, 1941. See sec. 301 (a) of that Act, p. 358, for provisions on this subject.

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